logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.19 2015나2063488
부동산소유권이전등기
Text

1. The part of the judgment of the court of first instance against the selected person A shall be revoked;

2. Of the instant lawsuit, the Appointed A and the Defendant are involved.

Reasons

1. Whether the appointed party A’s lawsuit of this case is terminated;

A. The Plaintiff’s litigation is conducted with respect to the court where the continuation of the lawsuit is extinguished by the Plaintiff’s withdrawal of the lawsuit filed by the Plaintiff, and the litigation is conducted with respect to the court. Unlike the act under general private law, it is inevitable to determine the validity of the lawsuit based on its indication rather than the intent of internal deliberation. As long as a legitimate withdrawal of lawsuit has been submitted, the Plaintiff may not withdraw it at will without asking the other party prior to or after

(see, e.g., Supreme Court Decisions 97Da6124, Jun. 27, 1997; 2008Da95151, Apr. 23, 2009). B.

Facts of recognition

The following facts are significant or obvious to this court in terms of records:

1) On September 26, 2014, A submitted a complaint to the court of first instance as a co-Plaintiff in the first instance, and submitted a written withdrawal of the suit to the court of first instance on October 31, 2014, prior to being served on the Defendant. 2) On November 18, 2014, Plaintiff A and B submitted a written withdrawal of the suit to the court of first instance under the title of the written correction to the court of first instance, “A submitted a written withdrawal of the suit to Plaintiff A, but the period of prescription for a certificate of seal imprint was expired, as well as the parties’ withdrawal, and thus, sought to withdraw it.”

3) On October 6, 2015, the court of first instance submitted to the court of first instance a letter of appointment of the party to select Plaintiff B as the designated party. 4) On October 16, 2015, the court of first instance rendered a ruling of dismissal of the claim against the above A, and the above A submitted a petition of appeal to the court of first instance on November 2, 2015.

C. Examining the aforementioned facts in light of the legal principles as seen earlier, the instant lawsuit was withdrawn by the first instance court on October 31, 2014, and the withdrawal of the lawsuit was immediately effective only before the duplicate of the complaint was served on the Defendant. Moreover, a subsequent declaration of withdrawal of the lawsuit filed by the said A was made.

arrow